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Health department to add drive‑through trash checks to routine inspections; committee closes file after departments agree to enforce ordinance
Summary
Councilors asked the Health Department to enforce existing city code requiring covered trash receptacles before and after drive‑through windows. Health staff said inspections will incorporate the check; the committee took no further action and left enforcement to department staff.
The Committee on Ordinances reviewed a motion requesting the Health Department enforce City Code §12‑38, which requires covered trash receptacles before and after drive‑through windows at fast‑food businesses. Councilor Bridal Gomes asked the health department to inspect drive‑throughs and for enforcement where businesses were not complying.
Joe Carvallo, representing the Board of Health, said Director Stephanie Sloan provided a written communication and offered Carvallo to present in her stead. Carvallo told the committee: “We can definitely incorporate it into their normal inspections,” explaining fast‑food establishments with drive‑throughs are typically inspected twice a year and the department can add the receptacle check to those visits.
Carvallo said inspectors conduct scheduled inspections but the establishments are not told the precise visit date in advance, and the health department will report back on compliance. He added that inspectors already know the regulation and that the department can escalate enforcement if businesses refuse to comply.
Councilors noted the ordinance also authorizes the health department to restrict or close a facility's drive‑through privilege for noncompliance. Building and inspection staff confirmed that an occupancy certificate can be withheld and that a $100 fine exists under the city code for noncompliance.
Action taken: the committee received and placed the item on file earlier in the meeting (motion to receive/place on file made by Councilor Bridal Gomes; seconded by Councilor Sean Oliver; passed). Later, after health and building department staff described how they would incorporate the check into inspections and use existing enforcement tools, Councilor Gomes moved for no further action by the committee and to leave enforcement to the departments; the motion was seconded by Councilor Joel Lopes and passed.
Next steps: Health department staff committed to include drive‑through receptacle compliance in their regular inspection cycle, to follow up on violations, and to provide the committee a report on findings and enforcement activity.
